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The LC Facility also requires Borrower to pay a facility fee equal to a per annum rate that varies from 0.06% to 0.35% of the full amount of the commitments based on its Long-Term Debt Rating. Currently, the Base Rate Margin is 0.075%, the LIBOR Margin is 1.075%, and the facility fee is 0.175%. A commission is payable quarterly to lenders on the face amount of each outstanding letter of credit at a per annum rate equal to the LIBOR Margin then in effect. Customary letter of credit fronting fees and other charges are payable to issuing banks. The foregoing summary of the LC Facility does not purport to be complete and is subject to, and qualified in its entirety by, the full text of the LC Facility, a copy of which is filed as Exhibit 10.10 to this report and incorporated herein by reference. The LC Facility has been filed with this report to provide investors and security holders with information regarding its terms. It is not intended to provide any other factual information about Apache. Representations, warranties, and covenants in the LC Facility were made only for purposes of the LC Facility, were solely for the benefit of the parties to the LC Facility, and may be subject to limitations agreed upon by the contracting parties, including being qualified by confidential disclosures exchanged between the parties in connection with the execution of the LC Facility. Representations and warranties in the LC Facility may have been made as of specific dates and for purposes of allocating contractual risk between the parties instead of establishing matters as facts, and may be subject to standards of materiality applicable to the contracting parties that differ from those applicable to investors. Investors are not third-party beneficiaries under the LC Facility and should not rely on the representations, warranties, and covenants or any descriptions thereof as characterizations of the actual state of facts or condition of Apache or any of its subsidiaries or affiliates. Moreover, information concerning the subject matter of the representations and warranties may change after the date of a LC Facility, which subsequent information may or may not be fully reflected in Apache’s public disclosures.

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Apache 2015 Summary Annual Report  

Adapting to a changing environment

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